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made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
be charged as early as today. investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there c
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